JURITEXT000006953280 Généré par l'IA

Latent Defect Warranty: Prescription Period Starts Upon Discovery

Numéro de cause JURITEXT000006953280

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-01-13

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A purchaser, having discovered a latent defect in property after signing a deed of sale, sought to invoke the warranty against such defects, but the seller argued the action was time-barred because the purchaser failed to bring suit within the statutory period following the sale's completion. The court, however, upheld the lower court's ruling that the prescription period for latent defects begins not from the date of the sale but from the date the defect was discovered or reasonably should have been discovered by the purchaser, thus affirming that the action was timely initiated.

Regeste Legislator

Généré par l'IA

Latent Defect Warranty: Prescription Period Starts Upon Discovery: The court, however, upheld the lower court's ruling that the prescription period for latent defects begins not from the date of the sale but from the date the defect was discovered or reasonably should have been discovered by the purchaser, thus affirming that the action was timely initiated.